Madras High Court
WP(MD)/29309/2026 of M/s.Koya and Company Constru Vs The Managing Director on 13 October 2026
WP(MD) No. 29309 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13-10-2026
CORAM
THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY
WP(MD) No. 29309 of 2026
CNR:{HCMD011457322026}
and
WMP(MD) No.22260 of 2026
M/s.Koya & Company Construction Limited, Rep. by its General Manager, A.Ravikumar, No. 72, MIGH, Mehadipatnam, Hyderabad - 500 028.
..Petitioner(s)
Vs
1. The Managing Director,
TWAD Board,
No.31, Kamarajar Salai,
Chepauk, Chennai - 600 005.
2. The Chief Engineer,
TWAD Board, Ganesh Nagar,
Near Law College Hostel,
Opp. Mattuthavani Bus Stand,
Melur Road, Madurai - 625 007.
3. The Executive Engineer,
TWAD Board, RWS Division,
No.16H/1A, Jailony Colony,
Palayamkottai Main Road,
Thoothukudi - 628 008.
4. The Executive Engineer,
TWAD Board, RWS Division,
No.4/4, Usha Bhavan,
Kumari Old Colony,
Vettornimadam, Nagercoil - 629 003.
WP(MD) No. 29309 of 2026
5. M/s.Saisudhir Infrastructures Ltd.,
Rep. by its Authorised Signatory,
Plot.No.27, Vidyuthnagar,
Ananthapur, Andhra Pradesh - 515 004.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the first to fourth respondents to adjust/deduct the balance sum of Rs.2,22,69,322/- from and out of the amounts payable by the respondent TWAD Board to the fifth respondent herein, towards discharge of the petitioner's liability, based on the representation of the fifth respondent dated 09.01.2025 and the representations of the petitioner dated 27.01.2025 and 21.09.2026, within a time frame as fixed by this Court.
For Petitioner :
Mr.D.Kirubakaran
For R1 to R4 :
Mr.A.R.L.Sundaresan,
Senior Counsel
for Mr.B.Vijay Karthikeyan
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ORDER
The petitioner entered into a Joint Venture Agreement dated 25.08.2012 with the fifth respondent herein. The Joint Venture Undertaking was the successful bidder in a contract awarded by the TWAD Board. Said contract was terminated on account of breach by the Joint Venture. Pursuant thereto, proceedings were initiated by the TWAD Board for recovery of the risk and cost amount, i.e., differential cost incurred by the TWAD Board for
WP(MD) No. 29309 of 2026 completion of the works awarded to the Joint Venture, from the Joint Venture partners.
2. Relying on the communication dated 09.01.2025 from the fifth respondent to the TWAD Board requesting the immediate release of a payment of Rs.2,22,69,322/- in respect of another contract, the petitioner seeks a direction to adjust the said amount towards the amounts payable by way of risk and cost and not to recover such amounts from the petitioner.
3. Mr.B.Vijay Karthikeyan, learned counsel, accepts notice for the first to fourth respondents, TWAD Board. Mr.A.R.L.Sundaresan, learned Senior Counsel, appears on behalf of the TWAD Board. He submits that there is joint and several liability of the Joint Venture partners and that the petitioner cannot seek to prevent recovery by relying on communication dated 09.01.2025.
4. The petitioner and the fifth respondent entered into a Joint Venture Agreement dated 25.08.2012, wherein parties agreed to bear responsibilities and expenses in the ratio of 70% by the fifth respondent and 30% by the petitioner. As regards the TWAD Board, however, the liability is joint and several. In the communication dated 09.01.2025 from the fifth respondent to
WP(MD) No. 29309 of 2026 the TWAD Board, the fifth respondent requested the TWAD Board to release a sum of Rs.2,22,69,322/- to the Executive Engineer, TWAD Board, under a contract dated 10.02.2012. It is unclear as to whether the said request was complied with by the TWAD Board. In these circumstances, the petitioner is not entitled to seek an injunction to prevent the TWAD Board from recovering amounts payable towards risk and cost. It is needless to say that the TWAD Board cannot make a double recovery from the petitioner and the fifth respondent. Subject to this observation, the petitioner is not entitled to prevent recovery.
5. This Writ Petition stands disposed of on these terms. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. 13-10-2026 Index: No Speaking Neutral Citation: No JEN To
1. The Managing Director, TWAD Board, No.31, Kamarajar Salai, Chepauk, Chennai - 600 005.
2. The Chief Engineer, TWAD Board, Ganesh Nagar,
WP(MD) No. 29309 of 2026 Near Law College Hostel, Opp. Mattuthavani Bus Stand, Melur Road, Madurai - 625 007.
3. The Executive Engineer, TWAD Board, RWS Division, No.16H/1A, Jailony Colony, Palayamkottai Main Road, Thoothukudi - 628 008.
4. The Executive Engineer, TWAD Board, RWS Division, No.4/4, Usha Bhavan, Kumari Old Colony, Vettornimadam, Nagercoil - 629 003.
WP(MD) No. 29309 of 2026 SENTHILKUMAR RAMAMOORTHY, J. JEN WP(MD) No. 29309 of 2026 13-10-2026